(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 
different than those predicted in the applica-
tion; 
(D) the need for long-term water treat-
ment; 
(E) significant reclamation difficulties or 
reclamation failure; 
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(F) the discovery of significant scientific, 
cultural, or biological resources that were not 
addressed in the original plan; or 
(G) the discovery of hazards to public safe-
ty. 
(f) TEMPORARY CESSATION OF OPERATIONS.—(1) 
An operator conducting mineral activities under an oper-
ations permit in effect under this title may not temporarily 
cease mineral activities for a period greater than 180 days 
unless the Secretary concerned has approved such tem-
porary cessation or unless the temporary cessation is per-
mitted under the original permit. Any operator tempo-
rarily ceasing mineral activities for a period greater than 
90 days under an operations permit issued before the date 
of the enactment of this Act shall submit, before the expi-
ration of such 90-day period, a complete application for 
temporary cessation of operations to the Secretary con-
cerned for approval unless the temporary cessation is per-
mitted under the original permit. 
(2) An application for approval of temporary ces-
sation of operations shall include such information re-
quired under subsection (b) and any other provisions pre-
scribed by the Secretary concerned to minimize impacts 
on the environment. After receipt of a complete applica-
tion for temporary cessation of operations such Secretary 
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shall conduct an inspection of the area for which tem-
porary cessation of operations has been requested. 
(3) To approve an application for temporary ces-
sation of operations, the Secretary concerned shall make 
each of the following determinations: 
(A) A determination that the methods for se-
curing surface facilities and restricting access to the 
permit area, or relevant portions thereof, will effec-
tively ensure against hazards to the health and safe-
ty of the public and fish and wildlife. 
(B) A determination that reclamation is in com-
pliance with the approved reclamation plan, except 
in those areas specifically designated in the applica-
tion for temporary cessation of operations for which 
a delay in meeting such standards is necessary to fa-
cilitate the resumption of operations. 
(C) A determination that the amount of finan-
cial assurance filed with the permit application is 
sufficient to assure completion of the reclamation ac-
tivities identified in the approved reclamation plan in 
the event of forfeiture. 
(D) A determination that any outstanding no-
tices of violation and cessation orders incurred in 
connection with the plan for which temporary ces-
sation is being requested are either stayed pursuant 
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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, or for Na-
tional Forest System lands, the Secretary of Agriculture, 
shall review each permit issued under this section every 
10 years during the term of such permit, shall provide 
public notice of the permit review, and, based upon a writ-
ten finding, such Secretary shall require the operator to 
take such actions as the Secretary deems necessary to as-
sure that mineral activities conform to the permit, includ-
ing adjustment of financial assurance requirements. 
(h) 
TRANSFER, 
ASSIGNMENT, 
OR
SALE
OF 
RIGHTS.—(1) No transfer, assignment, or sale of rights 
granted by a permit under this section shall be made with-
out the prior written approval of the Secretary, or for Na-
tional Forest System lands, the Secretary of Agriculture. 
(2) The Secretary, or for National Forest System 
lands, the Secretary of Agriculture, may allow a person 
holding a permit to transfer, assign, or sell rights under 
the permit to a successor, if such Secretary finds, in writ-
ing, that the successor— 
(A) has submitted information required and is 
eligible to receive a permit in accordance with sec-
tion 305; 
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(B) has submitted evidence of financial assur-
ance satisfactory under section 306; and 
(C) meets any other requirements specified by 
such Secretary. 
(3) The successor in interest shall assume the liability 
and reclamation responsibilities established by the existing 
permit and shall conduct the mineral activities in full com-
pliance with this Act, and the terms and conditions of the 
permit as in effect at the time of transfer, assignment, 
or sale. 
(4) Each application for approval of a permit trans-
fer, assignment, or sale pursuant to this subsection shall 
be accompanied by a fee payable to the Secretary of the 
Interior, or for National Forest System lands, the Sec-
retary of Agriculture, in such amount as may be estab-
lished by such Secretary, or for National Forest System 
lands, by the Secretary of Agriculture. Such amount shall 
be equal to the actual or anticipated cost to the Secretary 
or, for National Forest System lands, to the Secretary of 
Agriculture, of reviewing and approving or disapproving 
such transfer, assignment, or sale, as determined by such 
Secretary. 
(i) PUBLIC PARTICIPATION.—The Secretary of the 
Interior and the Secretary of Agriculture shall jointly pro-
mulgate regulations to ensure transparency and public 
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participation in permit decisions required under this Act, 
consistent with any requirements that apply to such deci-
sions 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 per-
mit under this title shall be issued or transferred to an 
applicant if the applicant or any agent of the applicant, 
the operator (if different than the applicant) of the claim 
concerned, any claim holder (if different than the appli-
cant) of the claim concerned, or any affiliate or officer 
or director of the applicant is currently in violation of any 
of the following: 
(1) A provision of this Act or any regulation 
under this Act. 
(2) An applicable State or Federal toxic sub-
stance, solid waste, air, water quality, or fish and 
wildlife conservation law or regulation at any site 
where mining, beneficiation, or processing activities 
are occurring or have occurred. 
(3) The Surface Mining Control and Reclama-
tion Act of 1977 (30 U.S.C. 1201 et seq.) or any 
regulation implementing that Act at any site where 
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violation is upheld on appeal, the permit shall be sus-
pended or revoked. 
(d) PATTERN OF WILLFUL VIOLATIONS.—No permit 
under this Act may be issued to any applicant if there 
is a demonstrated pattern of willful violations of the envi-
ronmental protection requirements of this Act by the ap-
plicant, any affiliate of the applicant, or the operator or 
claim holder if different than the applicant. 
SEC. 306. FINANCIAL ASSURANCE. 
(a) FINANCIAL ASSURANCE REQUIRED.—(1) 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, or for National Forest System 
lands, the Secretary of Agriculture, evidence of financial 
assurance payable to the United States. The financial as-
surance shall be provided in the form of a surety bond, 
a trust fund, letters of credits, government securities, cer-
tificates of deposit, cash, or an equivalent form approved 
by such Secretary. 
(2) The financial assurance shall cover all lands with-
in the initial permit area and all affected waters that may 
require restoration, 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 modi-
fication made under section 303(f) (relating to exploration 
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permits) or section 304(e) (relating to operations per-
mits), or affected by mineral activities. 
(b) AMOUNT.—The amount of the financial assur-
ance required under this section shall be sufficient to as-
sure the completion of reclamation and restoration satis-
fying the requirements of this Act if the work were to be 
performed by the Secretary concerned in the event of for-
feiture, including the construction and maintenance costs 
for any treatment facilities necessary to meet Federal and 
State environmental requirements. The calculation of such 
amount shall take into account the maximum level of fi-
nancial exposure which shall arise during the mineral ac-
tivity and administrative costs associated with a govern-
ment agency reclaiming the site. 
(c) DURATION.—The financial assurance required 
under this section shall be held for the duration of the 
mineral activities and for an additional period to cover the 
operator’s responsibility for reclamation, restoration, and 
long-term maintenance, and effluent treatment as speci-
fied 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 
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change, or pursuant to section 304(f) (relating to tem-
porary cessation of operations), but the financial assur-
ance 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(c). 
(e) RELEASE.—Upon request, and after notice and 
opportunity for public comment, and after inspection by 
the Secretary, or for National Forest System lands, the 
Secretary of Agriculture, such Secretary may, after con-
sultation with the Administrator of the Environmental 
Protection Agency, release in whole or in part the financial 
assurance required under this section if the Secretary 
makes both of the following determinations: 
(1) A determination that reclamation or res-
toration covered by the financial assurance has been 
accomplished as required by this Act. 
(2) A determination that the terms and condi-
tions of any other applicable Federal requirements, 
and State requirements applicable pursuant to coop-
erative agreements under section 308, have been ful-
filled. 
(f) RELEASE SCHEDULE.—The release referred to in 
subsection (e) shall be according to the following schedule: 
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(1) After the operator has completed any re-
quired backfilling, regrading, and drainage control of 
an area subject to mineral activities and covered by 
the financial assurance, and has commenced revege-
tation on the regraded areas subject to mineral ac-
tivities in accordance with the approved plan, that 
portion of the total financial assurance secured for 
the area subject to mineral activities attributable to 
the completed activities may be released except that 
sufficient assurance must be retained to address 
other required reclamation and restoration needs 
and to assure the long-term success of the revegeta-
tion. 
(2) After the operator has completed success-
fully all remaining mineral activities and reclamation 
activities and all requirements of the operations plan 
and the reclamation plan, and all other requirements 
of this Act have been fully met, the remaining por-
tion 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 
in paragraph (2), the operator shall be required to comply 
with the permit issued under this title. 
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(g) EFFLUENT.—Notwithstanding section 307(b)(4), 
where any discharge or other water-related condition re-
sulting from the mineral activities requires treatment in 
order to meet the applicable effluent limitations and water 
quality standards, the financial assurance shall include the 
estimated cost of maintaining such treatment for the pro-
jected period that will be needed after the cessation of 
mineral activities. The portion of the financial assurance 
attributable to such estimated cost of treatment shall not 
be released until the discharge has ceased for a period of 
5 years, as determined by ongoing monitoring and testing, 
or, if the discharge continues, until the operator has met 
all applicable effluent limitations and water quality stand-
ards for 5 full years without treatment. 
(h) ENVIRONMENTAL HAZARDS.—If the Secretary, 
or for National Forest System lands, the Secretary of Ag-
riculture, determines, after final release of financial assur-
ance, that an environmental hazard resulting from the 
mineral activities exists, or the terms and conditions of 
the explorations or operations permit of this Act were not 
fulfilled in fact at the time of release, such Secretary shall 
issue an order under section 506 requiring the claim hold-
er or operator (or any person who controls the claim hold-
er or operator) to correct the condition such that applica-
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ble laws and 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 ap-
plicable land use plans as determined by the Sec-
retary, or for National Forest System lands, the 
Secretary of Agriculture. 
(2) Reclamation shall proceed as contemporaneously 
as practicable with the conduct of mineral activities. In 
the case of a cessation of mineral activities beyond that 
provided for as a temporary cessation under this Act, rec-
lamation activities shall begin immediately. 
(b) OPERATION AND RECLAMATION STANDARDS.— 
The Secretary of the Interior and the Secretary of Agri-
culture shall jointly promulgate regulations that establish 
operation and reclamation standards for mineral activities 
permitted under this Act. The Secretaries may determine 
whether outcome-based performance standards or tech-
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nology-based design standards are most appropriate. The 
regulations shall address the following: 
(1) Segregation, protection, and replacement of 
topsoil or other suitable growth medium, and the 
prevention, 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 dele-
terious 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 
permanent vegetative cover of the same seasonal va-
riety native to the area affected by mineral activities, 
and equal in extent of cover to the natural vegeta-
tion of the area. 
(7) Design and maintenance of leach oper-
ations, impoundments, and excess waste according to 
standard engineering standards to achieve and main-
tain stability and reclamation of the site. 
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(8) Removal of structures and roads and seal-
ing 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 in the 
area of mineral activities. 
(c) SURFACE OR GROUNDWATER WITHDRAWALS.— 
The Secretary shall work with State and local govern-
ments with authority over the allocation and use of surface 
and groundwater in the area around the mine site as nec-
essary to ensure that any surface or groundwater with-
drawals 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 that has been forfeited, relinquished, or 
lapsed, or a plan that has expired or been revoked or sus-
pended, shall continue subject to review and approval by 
the Secretary, or for National Forest System lands, the 
Secretary of Agriculture. 
SEC. 308. STATE LAW AND REGULATION. 
(a) STATE LAW.—(1) Any reclamation, land use, en-
vironmental, or public health protection standard or re-
quirement in State law or regulation that meets or exceeds 
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the requirements of this Act shall not be construed to be 
inconsistent with any such standard. 
(2) Any bonding standard or requirement in State 
law or regulation that meets or exceeds the requirements 
of this Act shall not be construed to be inconsistent with 
such requirements. 
(3) Any inspection standard or requirement in State 
law or regulation that meets or exceeds the requirements 
of this Act shall not be construed to be inconsistent with 
such requirements. 
(b) APPLICABILITY
OF OTHER STATE REQUIRE-
MENTS.—(1) Nothing in this Act shall be construed as af-
fecting any toxic substance, solid waste, or air or water 
quality, standard or requirement of any State, county, 
local, or tribal law or regulation, which may be applicable 
to mineral activities on lands subject to this Act. 
(2) Nothing in this Act shall be construed as affecting 
in any way the right of any person to enforce or protect, 
under applicable law, such person’s interest in water re-
sources affected by mineral activities on lands subject to 
this Act. 
(c) COOPERATIVE AGREEMENTS.—(1) Any State 
may enter into a cooperative agreement with the Sec-
retary, or for National Forest System lands, the Secretary 
of Agriculture, for the purposes of such Secretary applying 
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such standards and requirements referred to in subsection 
(a) and subsection (b) to mineral activities or reclamation 
on lands subject to this Act. 
(2) In such instances where the proposed mineral ac-
tivities would affect lands not subject to this Act in addi-
tion to lands subject to this Act, in order to approve a 
plan of operations the Secretary concerned shall enter into 
a cooperative agreement with the State that sets forth a 
common regulatory framework consistent with the require-
ments of this Act for the purposes of such plan of oper-
ations. Any such common regulatory framework shall not 
negate the authority of the Federal Government to inde-
pendently inspect mines and operations and bring enforce-
ment actions for violations. 
(3) The Secretary concerned shall not enter into a 
cooperative agreement with any State under this section 
until after notice in the Federal Register and opportunity 
for public comment and hearing. 
(d) PRIOR AGREEMENTS.—Any cooperative agree-
ment or such other understanding between the Secretary 
concerned and any State, or political subdivision thereof, 
relating to the management of mineral activities on lands 
subject to this Act that was in existence on the date of 
enactment of this Act may only continue in force until 1 
year after the date of enactment of this Act. During such 
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1-year period, the State and the Secretary shall review the 
terms of the agreement and make changes that are nec-
essary to be consistent with this Act. 
SEC. 309. LIMITATION ON THE ISSUANCE OF PERMITS. 
No permit shall be issued under this title that author-
izes mineral activities that would impair the land or re-
sources of a National Park or a National Monument. For 
purposes of this section, the term ‘‘impair’’ shall include 
any diminution of the affected land including wildlife, sce-
nic assets, water resources, air quality, and acoustic quali-
ties, or other changes that would impair a citizen’s experi-
ence at the National Park or National Monument. 
TITLE IV—MINING MITIGATION 
Subtitle A—Hardrock Minerals 
Fund 
SEC. 401. DEFINITIONS. 
As used in this title: 
(1) The term ‘‘crude ore’’ means ore in its un-
processed form, containing profitable amounts of the 
target mineral. 
(2) The term ‘‘displaced material’’ means any 
crude ore and waste dislodged from its location at 
the time hardrock mining operations begin at a sur-
face, underground, or in-situ mine. 
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had been mined under the Mining Law of 1872; 
and 
(C) any activities or operations to mine 
any other mineral the mining of which, at any 
time on or after the date of the enactment of 
this Act, is or was subject to the Mining Law 
of 1872. 
(7) The term ‘‘mineral activity’’ means any ac-
tivity on a mining claim, millsite claim, or tunnel 
site claim for, related to, or incidental to, any min-
eral exploration, mining, beneficiation, processing, or 
reclamation activity for any hardrock mineral. 
(8) The term ‘‘operator’’ means any person that 
conducts a mineral activity and any agent of such 
person. 
(9) The term ‘‘ton’’ means 2,000 pounds avoir-
dupois (.90718 metric ton). 
(10) The term ‘‘waste’’ means rock that must 
be fractured and removed in order to gain access to 
crude ore. 
SEC. 402. ESTABLISHMENT OF FUND. 
(a) ESTABLISHMENT.—There is established on the 
books of the Treasury a separate account to be known as 
the Hardrock Minerals Fund. 
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(b) INVESTMENT.—The Secretary shall notify the 
Secretary of the Treasury as to what portion of the Fund 
is not, in the Secretary’s judgment, required to meet cur-
rent withdrawals. The Secretary of the Treasury shall in-
vest such portion of the Fund in public debt securities 
with maturities suitable for the needs of such Fund and 
bearing interest at rates determined by the Secretary of 
the Treasury, taking into consideration current market 
yields on outstanding 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. 403. CONTENTS OF FUND. 
The following amounts shall be credited to the Fund: 
(1) All moneys collected pursuant to section 
506 and section 504. 
(2) 
All 
fees 
received 
under 
section 
304(a)(1)(B). 
(3) All donations by persons, corporations, as-
sociations, and foundations for the purposes of this 
subtitle. 
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(4) All amounts deposited in the Fund under 
section 102. 
(5) All amounts received by the United States 
from issuance of patents based on a determination 
under section 101. 
(6) All amounts received by the United States 
pursuant to section 103 as claim maintenance and 
location fees, other than the moneys allocated for 
administration of the mining laws by the Depart-
ment of the Interior. 
(7) All income on investments under section 
402(b). 
(8) All amounts deposited in the Fund under 
section 405. 
SEC. 404. SUBACCOUNTS. 
There shall be in the Fund 2 subaccounts, as follows: 
(1) The Hardrock Reclamation Account, which 
shall consist of two-thirds of the amounts credited to 
the Fund under section 403 and which shall be ad-
ministered by the Secretary acting through the Di-
rector of the Office of Surface Mining and Enforce-
ment. 
(2) The Hardrock Community Impact Assist-
ance Account, which shall consist of one-third of the 
amounts credited to the Fund under section 403 and 
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which shall be administered by the Secretary acting 
through the Director of the Bureau of Land Man-
agement. 
SEC. 405. DISPLACED MATERIAL RECLAMATION FEE. 
(a) IMPOSITION OF FEE.—Except as provided in sub-
section (g), each operator of a hardrock mining operation 
shall pay to the Secretary, for deposit in the Hardrock 
Minerals Fund established by section 402, a displaced ma-
terial reclamation fee of 7 cents per ton of displaced mate-
rial. 
(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 occur-
ring after the date of enactment of this Act. 
(c) SUBMISSION
OF STATEMENT.—Together with 
such reclamation fee, all operators of hardrock mining op-
erations 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 di-
rector of a person conducting a hardrock mining oper-
ation, and any other person acting on behalf of such a 
person, who knowingly makes any false statement, rep-
resentation, or certification, or knowingly fails to make 
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any statement, representation, or certification, required 
under this section 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 pur-
suant to this section shall be recoverable, with statutory 
interest, from the hardrock mining operations operator, in 
any court of competent jurisdiction in any action at law 
to compel payment of debts. 
(f) EFFECT.—Nothing in this section requires a re-
duction in, or otherwise affects, any similar fee required 
under any law (including regulations) of any State. 
(g) EXEMPTION.— 
(1) IN GENERAL.—The fee under this section 
shall not apply for a person for any tax year for 
which the person certifies to the Secretary in writing 
that the person and all related parties with respect 
to such person, in the aggregate, had annual gross 
income from mineral production in an amount less 
than $100,000. 
(2) AGGREGATION
OF
INCOME.—The dollar 
amount in paragraph (1) shall be applied for a per-
son to the aggregate of all annual gross income from 
mineral production under all mining claims held by 
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or assigned to such person or any related parties 
with respect to such person, including mining claims 
located or for which a patent was issued before the 
date of the enactment of this Act. 
(3) DEFINITIONS.—For the purposes of this 
paragraph, the term ‘‘related parties’’ means, with 
respect to a person— 
(A) the spouse and all dependents (as de-
fined in section 152 of the Internal Revenue 
Code of 1986 (26 U.S.C. 152)) of the person; 
or 
(B) another person who is affiliated with 
the person, including— 
(i) another person controlled by, con-
trolling, or under common control with the 
person; and 
(ii) a subsidiary or parent company or 
corporation of the person. 
Subtitle B—Use of Hardrock 
Reclamation Account 
SEC. 411. USE AND OBJECTIVES OF THE ACCOUNT. 
(a) AUTHORIZED USES.— 
(1) IN GENERAL.—The Secretary may, subject 
to appropriations, use moneys in the Hardrock Rec-
lamation Account (hereinafter in this subtitle re-
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ferred to as the ‘‘Account’’) for the reclamation and 
restoration of land and water resources adversely af-
fected by past hardrock mineral activities and re-
lated activities on lands described in section 412, in-
cluding any of the following: 
(A) Protecting public health and safety. 
(B) Preventing, abating, treating, and con-
trolling water pollution created by abandoned 
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 
erosion and sedimentation, to enhance wildlife 
habitat, 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 Account 
may— 
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(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 
entity that volunteers to develop and imple-
ment, and that has the ability to carry out, all 
or a significant portion of a reclamation pro-
gram under this subtitle; or 
(C) be transferred by the Secretary to an 
Indian tribe or a State to carry out a reclama-
tion program under this subtitle that meets the 
purposes described in paragraph (1). 
(b) ALLOCATION.—Of the amounts deposited into the 
Account— 
(1) 25 percent shall be allocated by the Sec-
retary for expenditure in States or on tribal lands 
within the boundaries of which occurs production of 
hardrock minerals or mineral concentrates or prod-
ucts derived from hardrock minerals, based on a for-
mula reflecting existing production in each such 
State or on the land of the Indian tribe; 
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(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 
minerals, or mineral concentrates or products de-
rived 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 
(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 
Account shall reflect the following priorities in the order 
stated: 
(1) The protection of public health and safety 
from extreme danger from the adverse effects of 
past mineral activities, especially as relates to sur-
face 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 activi-
ties under this subtitle shall include appropriate mitiga-
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tion measures to provide for the continuation of any estab-
lished habitat for wildlife in existence before the com-
mencement of such activities. 
(e) RESPONSE OR REMOVAL ACTIONS.—Reclamation 
and restoration activities under this subtitle that con-
stitute a removal or remedial action under section 101 of 
the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601), shall 
be conducted with the concurrence of the Administrator 
of the Environmental Protection Agency. The Secretary 
and the Administrator 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 activi-
ties under this subtitle shall not be conducted in a manner 
that increases the costs or likelihood of removal or reme-
dial actions under the Comprehensive Environmental Re-
sponse, 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. 412. ELIGIBLE LANDS AND WATERS. 
(a) ELIGIBILITY.—Reclamation expenditures under 
this subtitle may only be made with respect to Federal, 
State, Indian, local, and private lands that have been af-
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fected by past mineral activities, and water resources that 
traverse or are contiguous to such lands, including any 
of the following: 
(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. 
(2) Lands for which the Secretary makes a de-
termination that there is no continuing reclamation 
responsibility of a claim holder, operator, or other 
person who abandoned the site prior to completion 
of required reclamation under State or other Federal 
laws. 
(b) SPECIFIC SITES AND AREAS NOT ELIGIBLE.— 
Sites and areas designated for remedial action pursuant 
to the Uranium Mill Tailings Radiation Control Act of 
1978 (42 U.S.C. 7901 et seq.) shall not be eligible for 
expenditures from the Account under this section. 
(c) INVENTORY.—The Secretary shall prepare and 
maintain a publicly available inventory of abandoned 
hardrock minerals mines on public lands and any aban-
doned mine on Indian lands that may be eligible for ex-
penditures under this subtitle, and shall submit an annual 
report to the Congress on the progress in cleanup of such 
sites. 
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SEC. 413. AUTHORIZATION OF APPROPRIATIONS. 
Amounts credited to the Hardrock Reclamation Ac-
count are authorized to be appropriated for the purpose 
of this subtitle without fiscal year limitation. 
Subtitle C—Use of Hardrock Com-
munity Impact Assistance Ac-
count 
SEC. 421. USE AND OBJECTIVES OF THE ACCOUNT. 
Amounts in the Hardrock Community Impact Assist-
ance Account shall be available to the Secretary, subject 
to appropriations, to provide assistance for the planning, 
construction, and maintenance of public facilities and the 
provision of public services to States, political subdivisions, 
and Indian tribes that are socially or economically im-
pacted by mineral activities conducted under the general 
mining laws. 
SEC. 422. ALLOCATION OF FUNDS. 
Moneys deposited into the Hardrock Community Im-
pact Assistance Account shall be allocated by the Sec-
retary for purposes of section 421 among the States within 
the boundaries of which occurs production of locatable 
minerals from mining claims located under the general 
mining laws and maintained in compliance with this Act, 
or mineral concentrates or products derived from locatable 
minerals from mining claims located under the general 
mining laws and maintained in compliance with this Act, 
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as the case may be, in proportion to the amount of such 
production in each such State. 
TITLE V—ADMINISTRATIVE AND 
MISCELLANEOUS PROVISIONS 
Subtitle A—Administrative 
Provisions 
SEC. 501. POLICY FUNCTIONS. 
(a) MINERALS POLICY.—Section 101 of the Mining 
and Minerals Policy Act of 1970 (30 U.S.C. 21a) is 
amended— 
(1) in the first sentence by inserting before the 
period at the end the following: ‘‘and to ensure that 
mineral extraction and processing not cause undue 
degradation of the natural and cultural resources of 
the public lands’’; and 
(2) by adding at the end thereof the following: 
‘‘It shall also be the responsibility of the Secretary 
of Agriculture to carry out the policy provisions of 
clauses (1) and (2) of the first paragraph of this 
section.’’. 
(b) MINERAL DATA.—Section 5(e)(3) of the National 
Materials and Minerals Policy, Research and Development 
Act of 1980 (30 U.S.C. 1604(e)(3)) is amended by insert-
ing before the period the following: ‘‘, except that for Na-
tional Forest System lands, the Secretary of Agriculture 
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shall promptly initiate actions to improve the availability 
and analysis of mineral data in public land use decision-
making’’. 
SEC. 502. USER FEES. 
(a) IN GENERAL.—The Secretary and the Secretary 
of Agriculture may each establish and collect from persons 
subject to the requirements of this Act such user fees as 
may be necessary to reimburse the United States for the 
expenses incurred in administering such requirements. 
Fees may be assessed and collected under this section only 
in such manner as may reasonably be expected to result 
in an aggregate amount of the fees collected during any 
fiscal year which does not exceed the aggregate amount 
of administrative expenses referred to in this section. 
(b) ADJUSTMENT.—(1) The Secretary shall adjust 
the fees required by this section to reflect changes in the 
Consumer Price Index published by the Bureau of Labor 
Statistics of the Department of Labor every 5 years after 
the date of enactment of this Act, or more frequently if 
the Secretary determines an adjustment to be reasonable. 
(2) The Secretary shall provide claimants notice of 
any adjustment made under this subsection not later than 
July 1 of any year in which the adjustment is made. 
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(3) A fee adjustment under this subsection shall 
begin to apply the calendar year following the calendar 
year in which it is made. 
SEC. 503. INSPECTION AND MONITORING. 
(a) INSPECTIONS.—(1) The Secretary, or for Na-
tional Forest System lands, the Secretary of Agriculture, 
shall make inspections of mineral activities so as to ensure 
compliance with the requirements of this Act. 
(2) The Secretary concerned shall establish a fre-
quency of inspections for mineral activities conducted 
under a permit issued under title III, but in no event shall 
such inspection frequency be less than one complete in-
spection per calendar quarter or, two per calendar quarter 
in the case of a permit for which the Secretary concerned 
approves an application under section 304(f) (relating to 
temporary cessation of operations). After revegetation has 
been established in accordance with a reclamation plan, 
such Secretary shall conduct annually 2 complete inspec-
tions. Such Secretary shall have the discretion to modify 
the inspection frequency for mineral activities that are 
conducted on a seasonal basis. Inspections shall continue 
under this subsection until final release of financial assur-
ance. 
(3)(A) Any person who has reason to believe he or 
she is or may be adversely affected by mineral activities 
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due to any violation of the requirements of a permit ap-
proved under this Act may request an inspection. The Sec-
retary, or for National Forest System lands, the Secretary 
of Agriculture, shall determine within 10 working days of 
receipt of the request whether the request states a reason 
to believe that a violation exists. If the person alleges and 
provides reason to believe that an imminent threat to the 
environment or danger to the health or safety of the public 
exists, the 10-day period shall be waived and the inspec-
tion shall be conducted immediately. When an inspection 
is conducted under this paragraph, the Secretary con-
cerned shall notify the person requesting the inspection, 
and such person shall be allowed to accompany the Sec-
retary concerned or the Secretary’s authorized representa-
tive during the inspection. The Secretary shall not incur 
any liability for allowing such person to accompany an au-
thorized representative. The identity of the person sup-
plying information to the Secretary relating to a possible 
violation or imminent danger or harm shall remain con-
fidential with the Secretary if so requested by that person, 
unless that person elects to accompany an authorized rep-
resentative on the inspection. 
(B) The Secretaries shall, by joint rule, establish pro-
cedures for the review of (i) any decision by an authorized 
representative not to inspect; or (ii) any refusal by such 
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representative to ensure that remedial actions are taken 
with respect to any alleged violation. The Secretary con-
cerned shall furnish such persons requesting the review 
a written statement of the reasons for the Secretary’s final 
disposition of the case. 
(b) MONITORING.—(1) The Secretary, or for Na-
tional Forest System lands, the Secretary of Agriculture, 
shall require all operators to develop and maintain a moni-
toring and evaluation system that shall identify compli-
ance with all requirements of a permit approved under this 
Act. The Secretary concerned may require additional mon-
itoring to be conducted as necessary to assure compliance 
with the reclamation and other environmental standards 
of this Act. Such plan must be reviewed and approved by 
the Secretary and shall become a part of the explorations 
or operations permit. 
(2) The operator shall file reports with the Secretary, 
or for National Forest System lands, the Secretary of Ag-
riculture, on a frequency determined by the Secretary con-
cerned, on the results of the monitoring and evaluation 
process, except that if the monitoring and evaluation show 
a violation of the requirements of a permit approved under 
this Act, it shall be reported immediately to the Secretary 
concerned. The Secretary shall evaluate the reports sub-
mitted pursuant to this paragraph, and based on those 
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reports and any necessary inspection shall take enforce-
ment action pursuant to this section. Such reports shall 
be maintained by the operator and by the Secretary and 
shall be made available to the public. 
(3) The Secretary, or for National Forest System 
lands, the Secretary of Agriculture, shall determine what 
information shall be reported by the operator pursuant to 
paragraph (3). A failure to report as required by the Sec-
retary concerned shall constitute a violation of this Act 
and subject the operator to enforcement action pursuant 
to section 506. 
SEC. 504. CITIZENS SUITS. 
(a) IN GENERAL.—Except as provided in subsection 
(b), any person may commence a civil action on his or 
her own behalf to compel compliance— 
(1) against any person (including the Secretary 
or the Secretary of Agriculture) who is alleged to be 
in violation of any of the provisions of this Act or 
any regulation promulgated pursuant to title III of 
this Act or any term or condition of any permit 
issued under title III of this Act; or 
(2) against the Secretary or the Secretary of 
Agriculture where there is alleged a failure of such 
Secretary to perform any act or duty under this Act, 
or to promulgate any regulation under this Act, 
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which is not within the discretion of the Secretary 
concerned. 
The United States district courts shall have jurisdiction 
over actions brought under this section, without regard to 
the amount in controversy or the citizenship of the parties, 
including actions brought to apply any civil penalty under 
this Act. The district courts of the United States shall 
have jurisdiction to compel agency action unreasonably de-
layed, except that an action to compel agency action re-
viewable under section 505 may only be filed in a United 
States district court within the circuit in which such action 
would be reviewable under section 505. 
(b) EXCEPTIONS.—(1) No action may be commenced 
under subsection (a) before the end of the 60-day period 
beginning on the date the plaintiff has given notice in writ-
ing of such alleged violation to the alleged violator and 
the Secretary, or for National Forest System lands, the 
Secretary of Agriculture, except that any such action may 
be brought immediately after such notification if the viola-
tion complained of constitutes an imminent threat to the 
environment or to the health or safety of the public. 
(2) No action may be brought against any person 
other than the Secretary or the Secretary of Agriculture 
under subsection (a)(1) if such Secretary has commenced 
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and is diligently prosecuting a civil or criminal action in 
a court of the United States to require compliance. 
(3) No action may be commenced under paragraph 
(2) of subsection (a) against either Secretary to review any 
rule promulgated by, or to any permit issued or denied 
by such Secretary if such rule or permit issuance or denial 
is judicially reviewable under section 505 or under any 
other provision of law at any time after such promulga-
tion, issuance, or denial is final. 
(c) VENUE.—Venue of all actions brought under this 
section shall be determined in accordance with section 
1391 of title 28, United States Code. 
(d) COSTS.—The court, in issuing any final order in 
any action brought pursuant to this section may award 
costs of litigation (including attorney and expert witness 
fees) to any party whenever the court determines such 
award is appropriate. The court may, if a temporary re-
straining order or preliminary injunction is sought, require 
the filing of a bond or equivalent security in accordance 
with the Federal Rules of Civil Procedure. 
(e) SAVINGS CLAUSE.—Nothing in this section shall 
restrict any right which any person (or class of persons) 
may have under chapter 7 of title 5, United States Code, 
under this section, or under any other statute or common 
law to bring an action to seek any relief against the Sec-
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retary or the Secretary of Agriculture or against any other 
person, including any action for any violation of this Act 
or of any regulation or permit issued under this Act or 
for any failure to act as required by law. Nothing in this 
section shall affect the jurisdiction of any court under any 
provision of title 28, United States Code, including any 
action for any violation of this Act or of any regulation 
or permit issued under this Act or for any failure to act 
as required by law. 
SEC. 505. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) REVIEW
BY SECRETARY.—(1)(A) Any person 
issued a notice of violation or cessation order under sec-
tion 506, or any person having an interest which is or 
may be adversely affected by such notice or order, may 
apply to the Secretary, or for National Forest System 
lands, the Secretary of Agriculture, for review of the notice 
or order within 30 days after receipt thereof, or as the 
case may be, within 30 days after such notice or order 
is modified, vacated, or terminated. 
(B) Any person who is subject to a penalty assessed 
under section 506 may apply to the Secretary concerned 
for review of the assessment within 45 days of notification 
of such penalty. 
(C) Any person may apply to such Secretary for re-
view of the decision within 30 days after it is made. 
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(D) Pending a review by the Secretary or resolution 
of an administrative appeal, final decisions (except en-
forcement actions under section 506) shall be stayed. 
(2) The Secretary concerned shall provide an oppor-
tunity for a public hearing at the request of any party 
to the proceeding as specified in paragraph (1). The filing 
of an application for review under this subsection shall not 
operate as a stay of any order or notice issued under sec-
tion 506. 
(3) For any review proceeding under this subsection, 
the Secretary concerned shall make findings of fact and 
shall issue a written decision incorporating therein an 
order vacating, affirming, modifying, or terminating the 
notice, order, or decision, or with respect to an assess-
ment, the amount of penalty that is warranted. Where the 
application for review concerns a cessation order issued 
under section 506 the Secretary concerned shall issue the 
written decision within 30 days of the receipt of the appli-
cation for review or within 30 days after the conclusion 
of any hearing referred to in paragraph (2), whichever is 
later, unless temporary relief has been granted by the Sec-
retary concerned under paragraph (4). 
(4) Pending completion of any review proceedings 
under this subsection, the applicant may file with the Sec-
retary, or for National Forest System lands, the Secretary 
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of Agriculture, a written request that the Secretary grant 
temporary relief from any order issued under section 506 
together with a detailed statement giving reasons for such 
relief. The Secretary concerned shall expeditiously issue 
an order or decision granting or denying such relief. The 
Secretary concerned may grant such relief under such con-
ditions as he or she may prescribe only if such relief shall 
not adversely affect the health or safety of the public or 
cause imminent environmental harm to land, air, or water 
resources. 
(5) The availability of review under this subsection 
shall not be construed to limit the operation of rights 
under section 504 (relating to citizen suits). 
(b) JUDICIAL REVIEW.—(1) Any final action by the 
Secretaries of the Interior and Agriculture in promul-
gating regulations to implement this Act, or any other 
final actions constituting rulemaking to implement this 
Act, shall be subject to judicial review only in the United 
States Court of Appeals for the District of Columbia. Any 
action subject to judicial review under this subsection shall 
be affirmed unless the court concludes that such action 
is arbitrary, capricious, or otherwise inconsistent with law. 
A petition for review of any action subject to judicial re-
view under this subsection shall be filed within 60 days 
from the date of such action, or after such date if the 
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petition is based solely on grounds arising after the 60th 
day. Any such petition may be made by any person who 
commented or otherwise participated in the rulemaking or 
any person who may be adversely affected by the action 
of the Secretaries. 
(2) Final agency action under this subsection, includ-
ing such final action on those matters described under 
subsection (a), shall be subject to judicial review in accord-
ance with paragraph (4) and pursuant to section 1391 of 
title 28, United States Code, on or before 60 days from 
the date of such final action. Any action subject to judicial 
review under this subsection shall be affirmed unless the 
court concludes that such action is arbitrary, capricious, 
or otherwise inconsistent with law. 
(3) The availability of judicial review established in 
this subsection shall not be construed to limit the oper-
ations of rights under section 504 (relating to citizens 
suits). 
(4) The court shall hear any petition or complaint 
filed under this subsection solely on the record made be-
fore the Secretary or Secretaries concerned. The court 
may affirm or vacate any order or decision or may remand 
the proceedings to the Secretary or Secretaries for such 
further action as it may direct. 
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(5) The commencement of a proceeding under this 
section shall not, unless specifically ordered by the court, 
operate as a stay of the action, order, or decision of the 
Secretary or Secretaries concerned. 
(c) COSTS.—Whenever a proceeding occurs under 
subsection (a) or (b), at the request of any person, a sum 
equal to the aggregate amount of all costs and expenses 
(including attorney fees) as determined by the Secretary 
or Secretaries concerned or the court to have been reason-
ably incurred by such person for or in connection with par-
ticipation in such proceedings, including any judicial re-
view of the proceeding, may be assessed against either 
party as the court, in the case of judicial review, or the 
Secretary or Secretaries concerned in the case of adminis-
trative proceedings, deems proper if it is determined that 
such party prevailed in whole or in part, achieving some 
success on the merits, and that such party made a sub-
stantial contribution to a full and fair determination of 
the issues. 
SEC. 506. ENFORCEMENT. 
(a) ORDERS.—(1) If the Secretary, or for National 
Forest System lands, the Secretary of Agriculture, or an 
authorized representative of such Secretary, determines 
that any person is in violation of any environmental pro-
tection requirement under title III or any regulation 
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issued by the Secretaries to implement this Act, such Sec-
retary or authorized representative shall issue to such per-
son a notice of violation describing the violation and the 
corrective measures to be taken. The Secretary concerned, 
or the authorized representative of such Secretary, shall 
provide such person with a period of time not to exceed 
30 days to abate the violation. Such period of time may 
be extended by the Secretary concerned upon a showing 
of good cause by such person. If, upon the expiration of 
time provided for such abatement, the Secretary con-
cerned, or the authorized representative of such Secretary, 
finds that the violation has not been abated he or she shall 
immediately order a cessation of all mineral activities or 
the portion thereof relevant to the violation. 
(2) If the Secretary concerned, or the authorized rep-
resentative of the Secretary concerned, determines that 
any condition or practice exists, or that any person is in 
violation of any requirement under a permit approved 
under this Act, and such condition, practice or violation 
is causing, or can reasonably be expected to cause— 
(A) an imminent danger to the health or safety 
of the public; or 
(B) significant, imminent environmental harm 
to land, air, water, or fish or wildlife resources, 
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such Secretary or authorized representative shall imme-
diately order a cessation of mineral activities or the por-
tion thereof relevant to the condition, practice, or viola-
tion. 
(3)(A) A cessation order pursuant to paragraph (1) 
or (2) shall remain in effect until such Secretary, or au-
thorized representative, determines that the condition, 
practice, or violation has been abated, or until modified, 
vacated or terminated by the Secretary or authorized rep-
resentative. In any such order, the Secretary or authorized 
representative shall determine the steps necessary to abate 
the violation in the most expeditious manner possible and 
shall include the necessary measures in the order. The 
Secretary concerned shall require appropriate financial as-
surances to ensure that the abatement obligations are met. 
(B) Any notice or order issued pursuant to paragraph 
(1) or (2) may be modified, vacated, or terminated by the 
Secretary concerned or an authorized representative of 
such Secretary. Any person to whom any such notice or 
order is issued shall be entitled to a hearing on the record. 
(4) If, after 30 days of the date of the order referred 
to in paragraph (3)(A) the required abatement has not 
occurred, the Secretary concerned shall take such alter-
native enforcement action against the claim holder or op-
erator (or any person who controls the claim holder or op-
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erator) as will most likely bring about abatement in the 
most expeditious manner possible. Such alternative en-
forcement action may include, but is not necessarily lim-
ited to, seeking appropriate injunctive relief to bring about 
abatement. Nothing in this paragraph shall preclude the 
Secretary, or for National Forest System lands, the Sec-
retary of Agriculture, from taking alternative enforcement 
action prior to the expiration of 30 days. 
(5) If a claim holder or operator (or any person who 
controls the claim holder or operator) fails to abate a vio-
lation or defaults on the terms of the permit, the Sec-
retary, or for National Forest System lands, the Secretary 
of Agriculture, shall forfeit the financial assurance for the 
plan as necessary to ensure abatement and reclamation 
under this Act. The Secretary concerned may prescribe 
conditions under which a surety may perform reclamation 
in accordance with the approved plan in lieu of forfeiture. 
(6) The Secretary, or for National Forest System 
lands, the Secretary of Agriculture, shall not cause for-
feiture of the financial assurance while administrative or 
judicial review is pending. 
(7) In the event of forfeiture, the claim holder, oper-
ator, or any affiliate thereof, as appropriate as determined 
by the Secretary by rule, shall be jointly and severally lia-
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ble for any remaining reclamation obligations under this 
Act. 
(b) COMPLIANCE.—The Secretary, or for National 
Forest System lands, the Secretary of Agriculture, may 
request the Attorney General to institute a civil action for 
relief, including a permanent or temporary injunction or 
restraining order, or any other appropriate enforcement 
order, including the imposition of civil penalties, in the dis-
trict court of the United States for the district in which 
the mineral activities are located whenever a person— 
(1) violates, fails, or refuses to comply with any 
order issued by the Secretary concerned under sub-
section (a); or 
(2) interferes with, hinders, or delays the Sec-
retary concerned in carrying out an inspection under 
section 503. 
Such court shall have jurisdiction to provide such relief 
as may be appropriate. Any relief granted by the court 
to enforce an order under paragraph (1) shall continue 
in effect until the completion or final termination of all 
proceedings for review of such order unless the district 
court granting such relief sets it aside. 
(c) DELEGATION.—Notwithstanding any other provi-
sion of law, the Secretary may utilize personnel of the Of-
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fice of Surface Mining Reclamation and Enforcement to 
ensure compliance with the requirements of this Act. 
(d) PENALTIES.—(1) Any person who fails to comply 
with any requirement of a permit approved under this Act 
or any regulation issued by the Secretaries to implement 
this Act shall be liable for a penalty of not more than 
$25,000 per violation. Each day of violation may be 
deemed a separate violation for purposes of penalty assess-
ments. 
(2) A person who fails to correct a violation for which 
a cessation order has been issued under subsection (a) 
within the period permitted for its correction shall be as-
sessed a civil penalty of not less than $1,000 per violation 
for each day during which such failure continues. 
(3) Whenever a corporation is in violation of a re-
quirement of a permit approved under this Act or any reg-
ulation issued by the Secretaries to implement this Act 
or fails or refuses to comply with an order issued under 
subsection (a), any director, officer, or agent of such cor-
poration who knowingly authorized, ordered, or carried 
out such violation, failure, or refusal shall be subject to 
the same penalties as may be imposed upon the person 
referred to in paragraph (1). 
(e) SUSPENSIONS OR REVOCATIONS.—The Secretary, 
or for National Forest System lands, the Secretary of Ag-
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riculture, shall suspend or revoke a permit issued under 
title III, in whole or in part, if the operator— 
(1) knowingly made or knowingly makes any 
false, inaccurate, or misleading material statement 
in any mining claim, notice of location, application, 
record, report, plan, or other document filed or re-
quired to be maintained under this Act; 
(2) fails to abate a violation covered by a ces-
sation order issued under subsection (a); 
(3) fails to comply with an order of the Sec-
retary concerned; 
(4) refuses to permit an audit pursuant to this 
Act; 
(5) fails to maintain an adequate financial as-
surance under section 306; 
(6) fails to pay claim maintenance fees or other 
moneys due and owing under this Act; or 
(7) with regard to plans conditionally approved 
under section 305(c)(2), fails to abate a violation to 
the satisfaction of the Secretary concerned, or if the 
validity of the violation is upheld on the appeal 
which formed the basis for the conditional approval. 
(f) FALSE STATEMENTS; TAMPERING.—Any person 
who knowingly— 
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(1) makes any false material statement, rep-
resentation, or certification in, or omits or conceals 
material information from, or unlawfully alters, any 
mining claim, notice of location, application, record, 
report, plan, or other documents filed or required to 
be maintained under this Act; or 
(2) falsifies, tampers with, renders inaccurate, 
or fails to install any monitoring device or method 
required to be maintained under this Act, 
shall upon conviction, be punished by a fine of not more 
than $10,000, or by imprisonment for not more than 2 
years, or by both. If a conviction of a person is for a viola-
tion committed after a first conviction of such person 
under this subsection, punishment shall be by a fine of 
not more than $20,000 per day of violation, or by impris-
onment of not more than 4 years, or both. Each day of 
continuing violation may be deemed a separate violation 
for purposes of penalty assessments. 
(g) KNOWING VIOLATIONS.—Any person who know-
ingly— 
(1) engages in mineral activities without a per-
mit required under title III; or 
(2) violates any other requirement of a permit 
issued under this Act, or any condition or limitation 
thereof, 
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shall upon conviction be punished by a fine of not less 
than $5,000 nor more than $50,000 per day of violation, 
or by imprisonment for not more than 3 years, or both. 
If a conviction of a person is for a violation committed 
after the first conviction of such person under this sub-
section, punishment shall be a fine of not less than 
$10,000 per day of violation, or by imprisonment of not 
more than 6 years, or both. 
(h) KNOWING AND WILLFUL VIOLATIONS.—Any per-
son who knowingly and willfully commits an act for which 
a civil penalty is provided in paragraph (1) of subsection 
(g) shall, upon conviction, be punished by a fine of not 
more than $50,000, or by imprisonment for not more than 
2 years, or both. 
(i) DEFINITION.—For purposes of this section, the 
term ‘‘person’’ includes any officer, agent, or employee of 
a person. 
SEC. 507. REGULATIONS. 
The Secretary and the Secretary of Agriculture shall 
issue such regulations as are necessary to implement this 
Act. The regulations implementing title II, title III, title 
IV, and title V that affect the Forest Service shall be joint 
regulations issued by both Secretaries, and shall be issued 
no later than 180 days after the date of enactment of this 
Act. 
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SEC. 508. EFFECTIVE DATE. 
This Act shall take effect on the date of enactment 
of this Act, except as otherwise provided in this Act. 
Subtitle B—Miscellaneous 
Provisions 
SEC. 511. OIL SHALE CLAIMS. 
Section 2511(f) of the Energy Policy Act of 1992 (30 
U.S.C. 242(f) Public Law 102–486) is amended— 
(1) by striking ‘‘as prescribed by the Sec-
retary’’; and 
(2) by inserting before the period the following: 
‘‘in the same manner as required by title II and title 
III of the Hardrock Mining and Reclamation Act of 
2014’’. 
SEC. 512. PURCHASING POWER ADJUSTMENT. 
The Secretary shall adjust all location fees, claim 
maintenance rates, penalty amounts, and other dollar 
amounts established in this Act for changes in the pur-
chasing power of the dollar no less frequently than every 
5 years following the date of enactment of this Act, em-
ploying the Consumer Price Index for All Urban Con-
sumers published by the Department of Labor as the basis 
for adjustment, and rounding according to the adjustment 
process of conditions of the Federal Civil Penalties Infla-
tion Adjustment Act of 1990 (104 Stat. 890). 
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SEC. 513. SAVINGS CLAUSE. 
(a) SPECIAL APPLICATION OF MINING LAWS.—Noth-
ing in this Act shall be construed as repealing or modi-
fying any Federal law, regulation, order, or land use plan, 
in effect prior to the date of enactment of this Act that 
prohibits or restricts the application of the general mining 
laws, including laws that provide for special management 
criteria for operations under the general mining laws as 
in effect prior to the date of enactment of this Act, to 
the extent such laws provide for protection of natural and 
cultural resources and the environment greater than re-
quired under this Act, and any such prior law shall remain 
in force and effect with respect to claims located (or pro-
posed to be located) or converted under this Act. Nothing 
in this Act shall be construed as applying to or limiting 
mineral investigations, studies, or other mineral activities 
conducted by any Federal or State agency acting in its 
governmental capacity pursuant to other authority. Noth-
ing in this Act shall affect or limit any assessment, inves-
tigation, evaluation, or listing pursuant to the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.), or the Solid 
Waste Disposal Act (42 U.S.C. 3251 et seq.). 
(b) EFFECT ON OTHER FEDERAL LAWS.—The provi-
sions of this Act shall supersede the general mining laws, 
except for those parts of the general mining laws respect-
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ing location of mining claims that are not expressly modi-
fied by this Act. Except for the general mining laws, noth-
ing in this Act shall be construed as superseding, modi-
fying, amending, or repealing any provision of Federal law 
not expressly superseded, modified, amended, or repealed 
by this Act. Nothing in this Act shall be construed as al-
tering, affecting, amending, modifying, or changing, di-
rectly or indirectly, any law which refers to and provides 
authorities or responsibilities for, or is administered by, 
the Environmental Protection Agency or the Adminis-
trator of the Environmental Protection Agency, including 
the Federal Water Pollution Control Act, title XIV of the 
Public Health Service Act (the Safe Drinking Water Act), 
the Clean Air Act, the Pollution Prevention Act of 1990, 
the Toxic Substances Control Act, the Federal Insecticide, 
Fungicide, and Rodenticide Act, the Federal Food, Drug, 
and Cosmetic Act, the Motor Vehicle Information and 
Cost Savings Act, the Federal Hazardous Substances Act, 
the Endangered Species Act of 1973, the Atomic Energy 
Act, the Noise Control Act of 1972, the Solid Waste Dis-
posal Act, the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, the Superfund 
Amendments and Reauthorization Act of 1986, the Ocean 
Dumping Act, the Environmental Research, Development, 
and Demonstration Authorization Act, the Pollution Pros-
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ecution Act of 1990, and the Federal Facilities Compli-
ance Act of 1992, or any statute containing an amend-
ment to any of such Acts. Nothing in this Act shall be 
construed as modifying or affecting any provision of the 
Native American Graves Protection and Repatriation Act 
(Public Law 101–601) or any provision of the American 
Indian Religious Freedom Act (42 U.S.C. 1996), the Na-
tional Historic Preservation Act (16 U.S.C. 470 et seq.), 
and the Religious Freedom Restoration Act of 1993 (42 
U.S.C. 2000bb et seq.). 
(c) PROTECTION
OF CONSERVATION AREAS.—In 
order to protect the resources and values of National Con-
servation System units, the Secretary, as appropriate, 
shall utilize authority under this Act and other applicable 
law to the fullest extent necessary to prevent mineral ac-
tivities that could have an adverse impact on the resources 
or values for which such units were established. 
(d) SOVEREIGN IMMUNITY
OF INDIAN TRIBES.— 
Nothing in this section shall be construed so as to waive 
the sovereign immunity of any Indian tribe. 
SEC. 514. AVAILABILITY OF PUBLIC RECORDS. 
Copies of records, reports, inspection materials, or in-
formation obtained by the Secretary or the Secretary of 
Agriculture under this Act shall be made immediately 
available to the public, consistent with section 552 of title 
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5, United States Code, in central and sufficient locations 
in the county, multicounty, and State area of mineral ac-
tivity or reclamation so that such items are conveniently 
available to residents in the area proposed or approved for 
mineral activities and on the Internet. 
SEC. 515. MISCELLANEOUS POWERS. 
(a) IN GENERAL.—In carrying out his or her duties 
under this Act, the Secretary, or for National Forest Sys-
tem lands, the Secretary of Agriculture, may conduct any 
investigation, inspection, or other inquiry necessary and 
appropriate and may conduct, after notice, any hearing 
or audit, necessary and appropriate to carrying out his 
or her duties. 
(b) ANCILLARY POWERS.—In connection with any 
hearing, inquiry, investigation, or audit under this Act, the 
Secretary, or for National Forest System lands, the Sec-
retary of Agriculture, is authorized to take any of the fol-
lowing actions: 
(1) Require, by special or general order, any 
person to submit in writing such affidavits and an-
swers to questions as the Secretary concerned may 
reasonably prescribe, which submission shall be 
made within such reasonable period and under oath 
or otherwise, as may be necessary. 
(2) Administer oaths. 
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100 
(3) Require by subpoena the attendance and 
testimony of witnesses and the production of all 
books, papers, records, documents, matter, and ma-
terials, as such Secretary may request. 
(4) Order testimony to be taken by deposition 
before any person who is designated by such Sec-
retary and who has the power to administer oaths, 
and to compel testimony and the production of evi-
dence in the same manner as authorized under para-
graph (3) of this subsection. 
(5) Pay witnesses the same fees and mileage as 
are paid in like circumstances in the courts of the 
United States. 
(c) ENFORCEMENT.—In cases of refusal to obey a 
subpoena served upon any person under this section, the 
district court of the United States for any district in which 
such person is found, resides, or transacts business, upon 
application by the Attorney General at the request of the 
Secretary concerned and after notice to such person, shall 
have jurisdiction to issue an order requiring such person 
to appear and produce documents before the Secretary 
concerned. Any failure to obey such order of the court may 
be punished by such court as contempt thereof and subject 
to a penalty of up to $10,000 a day. 
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101 
(d) ENTRY AND ACCESS.—Without advance notice 
and upon presentation of appropriate credentials, the Sec-
retary, or for National Forest System lands, the Secretary 
of Agriculture, or any authorized representative thereof— 
(1) shall have the right of entry to, upon, or 
through the site of any claim, mineral activities, or 
any premises in which any records required to be 
maintained under this Act are located; 
(2) may at reasonable times, and without delay, 
have access to records, inspect any monitoring 
equipment, or review any method of operation re-
quired under this Act; 
(3) may engage in any work and do all things 
necessary or expedient to implement and administer 
the provisions of this Act; 
(4) may, on any mining claim located under the 
general mining laws and maintained in compliance 
with this Act, and without advance notice, stop and 
inspect any motorized form of transportation that 
such Secretary has probable cause to believe is car-
rying locatable minerals, concentrates, or products 
derived therefrom from a claim site for the purpose 
of determining whether the operator of such vehicle 
has documentation related to such locatable min-
erals, concentrates, or products derived therefrom as 
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102 
required by law, if such documentation is required 
under this Act; and 
(5) may, if accompanied by any appropriate law 
enforcement officer, or an appropriate law enforce-
ment officer alone, stop and inspect any motorized 
form of transportation which is not on a claim site 
if he or she has probable cause to believe such vehi-
cle is carrying locatable minerals, concentrates, or 
products derived therefrom from a claim site on 
Federal lands or allocated to such claim site. Such 
inspection shall be for the purpose of determining 
whether the operator of such vehicle has the docu-
mentation required by law, if such documentation is 
required under this Act. 
SEC. 516. MULTIPLE MINERAL DEVELOPMENT AND SUR-
FACE RESOURCES. 
The provisions of sections 4 and 6 of the Act of Au-
gust 13, 1954 (30 U.S.C. 524 and 526), commonly known 
as the Multiple Minerals Development Act, and the provi-
sions of section 4 of the Act of July 23, 1955 (30 U.S.C. 
612), shall apply to all mining claims located under the 
general mining laws and maintained in compliance with 
such laws and this Act. 
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103 
SEC. 517. MINERAL MATERIALS. 
(a) DETERMINATIONS.—Section 3 of the Act of July 
23, 1955 (30 U.S.C. 611), is amended— 
(1) by inserting ‘‘(a)’’ before the first sentence; 
(2) by inserting ‘‘mineral materials, including 
but not limited to’’ after ‘‘varieties of’’ in the first 
sentence; 
(3) by striking ‘‘or cinders’’ and inserting in 
lieu thereof ‘‘cinders, and clay’’; and 
(4) by adding the following new subsection at 
the end thereof: 
‘‘(b)(1) Subject to valid existing rights, after the date 
of enactment of the Hardrock Mining and Reclamation 
Act of 2014, notwithstanding the reference to common va-
rieties in subsection (a) and to the exception to such term 
relating to a deposit of materials with some property giv-
ing it distinct and special value, all deposits of mineral 
materials referred to in such subsection, including the 
block pumice referred to in such subsection, shall be sub-
ject to disposal only under the terms and conditions of 
the Materials Act of 1947. 
‘‘(2) For purposes of paragraph (1), the term ‘valid 
existing rights’ means that a mining claim located for any 
such mineral material— 
‘‘(A) had and still has some property giving it 
the distinct and special value referred to in sub-
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105 
(d) SHORT TITLES.— 
(1) SURFACE
RESOURCES.—The Act of July 
23, 1955, is amended by inserting after section 7 
the following new section: 
‘‘SEC. 8. This Act may be cited as the ‘Surface Re-
sources Act of 1955’.’’. 
(2) MINERAL MATERIALS.—The Act of July 31, 
1947, entitled ‘‘An Act to provide for the disposal of 
materials on the public of the United States’’ (30 
U.S.C. 601 et seq.) is amended by inserting after 
section 4 the following new section: 
‘‘SEC. 5. This Act may be cited as the ‘Materials Act 
of 1947’.’’. 
(e) REPEALS.—(1) Subject to valid existing rights, 
the Act of August 4, 1892 (chapter 375; 27 Stat. 348; 
30 U.S.C. 161), commonly known as the Building Stone 
Act, is hereby repealed. 
(2) Subject to valid existing rights, the Act of Janu-
ary 31, 1901 (chapter 186; 31 Stat. 745; 30 U.S.C. 162), 
commonly known as the Saline Placer Act, is hereby re-
pealed. 
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106 
TITLE 
VI—GOOD 
SAMARITAN 
CLEANUP 
OF 
ABANDONED 
HARDROCK MINES 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Good Samaritan 
Cleanup of Abandoned Hardrock Mines Act of 2014’’. 
SEC. 602. FINDINGS; PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) the Federal Government and State govern-
ments have encouraged hardrock mining in the 
United States through a wide variety of laws, poli-
cies, and actions; 
(2) mining operations produce metals and min-
erals that have important social benefits and values; 
(3) many areas in the United States at which 
historic mining operations took place are now the lo-
cations of inactive and abandoned mine sites; 
(4) the mining activities that took place prior to 
the enactment of modern environmental laws often 
disturbed public and private land, and those disturb-
ances led to environmental pollution, including the 
discharge of pollutants into surface water and 
groundwater; 
(5) many of the individuals and corporate own-
ers and operators of mines the actions of which 
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107 
caused the pollution described in paragraph (4) are 
no longer alive or in existence; 
(6) many of the historic mining sites have pol-
luted the environment for more than a century and, 
unless remedied, will continue to do so indefinitely; 
(7) unabated discharges from inactive and 
abandoned mines will continue to pollute surface 
water, groundwater, and soils; 
(8) many of the streams and water bodies im-
pacted by acid mine drainage are important re-
sources for fish and wildlife, recreation, drinking 
water, agriculture, and other public purposes; 
(9) some of the remaining owners and operators 
of historic mine sites do not have adequate resources 
to properly conduct the remediation of the mine sites 
under applicable environmental laws; 
(10) from time to time, States, individuals, and 
companies are willing to remediate historic mine 
sites for the public good as Good Samaritans, de-
spite the fact that those States, individuals, and 
companies are not legally required to do so; 
(11) Good Samaritan remediation activities 
may— 
(A) vary in size and complexity; 
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108 
(B) reflect a myriad of methods by which 
mine residue may be cleaned up; and 
(C) include, among other activities— 
(i) the removal, relocation, or manage-
ment of tailings or other waste piles; 
(ii) passive or active water treatment; 
and 
(iii) runoff or runon controls; 
(12) the potential obligations, requirements, 
and liabilities under the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.) that may at-
tach to Good Samaritans as the result of the con-
duct by the Good Samaritans of remediation activi-
ties can dissuade potential Good Samaritans from 
acting for the public good; 
(13) it is in the interest of the United States, 
the States, and local communities to remediate his-
toric mine sites— 
(A) in appropriate circumstances and to 
the maximum extent practicable; and 
(B) so that the detrimental environmental 
impacts of the historic mine sites are lessened 
in the future; and 
(14) if appropriate protections are provided to 
Good Samaritans, Good Samaritans will have a 
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109 
greater incentive to remediate historic mine sites for 
the public good. 
(b) PURPOSES.—The purposes of this title are— 
(1) to encourage the partial or complete remedi-
ation of inactive and abandoned mine sites for the 
public good by individuals or entities that are not le-
gally responsible for the remediation; 
(2) to allow any individual or entity not legally 
responsible for environmental conditions relating to 
an inactive or abandoned mine site— 
(A) to make further progress toward the 
goal of meeting water quality standards in all 
water of the United States; and 
(B) to improve other environmental media 
affected by past mining activities at the inactive 
or abandoned mine site without incurring any 
obligation or liability with respect to the Fed-
eral Water Pollution Control Act (33 U.S.C. 
1251 et seq.); 
(3) to ensure that remediation activities per-
formed by Good Samaritans— 
(A) result in actual and significant envi-
ronmental benefits; and 
(B) are carried out— 
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(i) with the approval and agreement, 
and at the discretion, of affected Federal, 
State, and tribal authorities; 
(ii) in a manner that enables the pub-
lic to conduct a review of, and submit com-
ments relating to, the remediation activi-
ties; and 
(iii) in a manner that is beneficial to 
the environment and each community af-
fected by the remediation activities; and 
(4) to further the innovations of, and coopera-
tion among, the Federal Government, State and 
tribal governments, private individuals, and corpora-
tions to accelerate efforts relating to conservation 
and environmental restoration. 
SEC. 603. SCOPE. 
Nothing in this title (or an amendment made by this 
title)— 
(1) reduces any existing liability; or 
(2) facilitates the conduct of any mining or 
processing other than the conduct of any mining or 
processing that is required for the remediation of 
historic mine residue for the public good. 
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111 
SEC. 604. GOOD SAMARITAN DISCHARGE PERMITS. 
Section 402 of the Federal Water Pollution Control 
Act (33 U.S.C. 1342) is amended by adding at the end 
the following: 
‘‘(s) GOOD SAMARITAN DISCHARGE PERMITS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COOPERATING PERSON.— 
‘‘(i) IN GENERAL.—The term ‘cooper-
ating person’ means any person that— 
‘‘(I) is a Good Samaritan; 
‘‘(II) assists a permittee in the 
remediation of an inactive or aban-
doned mine site; and 
‘‘(III) is identified in a Good Sa-
maritan 
discharge 
permit 
issued 
under paragraph (2). 
‘‘(ii) INCLUSION.—The term ‘cooper-
ating person’ includes the Federal Govern-
ment. 
‘‘(B) ELIGIBLE APPLICANT.—The term ‘el-
igible applicant’ means a person that— 
‘‘(i) is a Good Samaritan; and 
‘‘(ii) proposes a project, the purpose 
of which is to remediate, in whole or in 
part, actual or threatened pollution caused 
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112 
by historic mine residue at an inactive or 
abandoned mine site. 
‘‘(C) GOOD SAMARITAN.—The term ‘Good 
Samaritan’ means a person that, with respect 
to historic mine residue at an inactive or aban-
doned mine site— 
‘‘(i) had no role in the creation of the 
historic mine residue; 
‘‘(ii) had no role in creating any envi-
ronmental pollution caused by the historic 
mine residue; and 
‘‘(iii) is not liable under any Federal, 
State, tribal, or local law for the remedi-
ation of the historic mine residue. 
‘‘(D) HISTORIC MINE RESIDUE.— 
‘‘(i) IN GENERAL.—The term ‘historic 
mine residue’ means mine residue or any 
condition resulting from activities at an in-
active or abandoned mine site prior to Oc-
tober 18, 1972, that— 
‘‘(I) causes or contributes to the 
actual or threatened discharge of pol-
lutants from the inactive or aban-
doned mine site; or 
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‘‘(II) otherwise pollutes the envi-
ronment. 
‘‘(ii) INCLUSIONS.—The term ‘historic 
mine residue’ includes— 
‘‘(I) ores and minerals that— 
‘‘(aa) were mined during the 
active operation of an inactive or 
abandoned mine site; and 
‘‘(bb) contribute to acid 
mine drainage or other environ-
mental pollution; 
‘‘(II) equipment (including mate-
rials in equipment); 
‘‘(III) any waste or material re-
sulting 
from 
any 
extraction, 
beneficiation, or other processing ac-
tivity that occurred during the active 
operation of an inactive or abandoned 
mine site; and 
‘‘(IV) any acidic or otherwise pol-
luted flow in surface water or ground-
water that originates from an inactive 
or abandoned mine site. 
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114 
‘‘(E) IDENTIFIABLE
OWNER
OR
OPER-
ATOR.—The term ‘identifiable owner or oper-
ator’ means a person that is— 
‘‘(i) legally responsible under section 
301 for a discharge that originates from 
an inactive or abandoned mine site; and 
‘‘(ii) financially capable of complying 
with each requirement described in this 
section and section 301. 
‘‘(F) INACTIVE
OR
ABANDONED
MINE 
SITE.— 
‘‘(i) IN GENERAL.—The term ‘inactive 
or abandoned mine site’ means a mine site 
(including associated facilities) that— 
‘‘(I) is located in the United 
States; 
‘‘(II) was used for the production 
of a mineral other than coal; 
‘‘(III) has historic mine residue; 
and 
‘‘(IV) is no longer actively mined 
on the date on which an eligible appli-
cant submits to a permitting authority 
a remediation plan relating to an ap-
plication for a Good Samaritan dis-
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charge permit under paragraph (3)(B) 
for the remediation of the mine site. 
‘‘(ii) EXCLUSIONS.—The term ‘inac-
tive or abandoned mine site’ does not in-
clude a mine site (including associated fa-
cilities) that is— 
‘‘(I) in a temporary shutdown; 
‘‘(II) included on the National 
Priorities List developed by the Presi-
dent 
in 
accordance 
with 
section 
105(a)(8)(B) of the Comprehensive 
Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 
U.S.C. 9605(a)(8)(B)); or 
‘‘(III) the subject of an ongoing 
or planned remedial action carried out 
in accordance with the Comprehensive 
Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 
U.S.C. 9601 et seq.). 
‘‘(G) INDIAN
TRIBE.—The term ‘Indian 
tribe’ has the meaning given the term in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b). 
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116 
‘‘(H) PERMITTEE.—The term ‘permittee’ 
means a person that is issued a Good Samari-
tan discharge permit under this subsection. 
‘‘(I) PERMITTING AUTHORITY.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the term ‘permitting 
authority’ means the Administrator. 
‘‘(ii) EXCEPTION.—In the case of a 
State or Indian tribe with an approved 
permitting 
program 
under 
paragraph 
(2)(B), the term ‘permitting authority’ 
means the head of the permitting program 
of the State or Indian tribe. 
‘‘(J) PERSON.—The term ‘person’ in-
cludes— 
‘‘(i) an individual; 
‘‘(ii) a firm; 
‘‘(iii) a corporation; 
‘‘(iv) an association; 
‘‘(v) a partnership; 
‘‘(vi) a consortium; 
‘‘(vii) a joint venture; 
‘‘(viii) a commercial entity; 
‘‘(ix) a nonprofit organization; 
‘‘(x) the Federal Government; 
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‘‘(xi) a State (including a political 
subdivision of a State); 
‘‘(xii) an interstate entity; 
‘‘(xiii) a commission; and 
‘‘(xiv) an Indian tribe. 
‘‘(2) GOOD SAMARITAN DISCHARGE PERMITS.— 
‘‘(A) IN GENERAL.—A permitting author-
ity may issue a Good Samaritan discharge per-
mit to an eligible applicant in concurrence, if 
applicable, with— 
‘‘(i) the State in which the proposed 
inactive or abandoned mine site remedi-
ation project is located; or 
‘‘(ii) the Federal agency or Indian 
tribe that owns or has jurisdiction over the 
site at which the proposed inactive or 
abandoned mine site remediation project is 
located. 
‘‘(B) STATE OR TRIBAL PROGRAMS.—The 
Administrator shall approve a State or tribal 
program for the issuance of Good Samaritan 
discharge permits if— 
‘‘(i) the State or Indian tribe has, as 
of the date of enactment of this subsection, 
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118 
authority to issue a permit under sub-
section (b); and 
‘‘(ii) the State or Indian tribe re-
quests such authority. 
‘‘(3) PERMIT PROCESS.— 
‘‘(A) SCOPE.—An eligible applicant may 
apply for a Good Samaritan discharge permit to 
conduct remediation activities at any inactive or 
abandoned mine site from which there is, or 
may be, a discharge or a threatened discharge 
of pollutants into any water of the United 
States. 
‘‘(B) REMEDIATION PLAN.—To apply for a 
Good Samaritan discharge permit under sub-
paragraph (A), an eligible applicant shall sub-
mit to the permitting authority an application 
that contains a remediation plan that, to the 
extent known by the eligible applicant as of the 
date on which the application is submitted, con-
tains— 
‘‘(i) an identification of— 
‘‘(I) the eligible applicant (includ-
ing any cooperating person) with re-
spect to the remediation plan; 
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‘‘(II) the mine site that is the 
subject of the remediation plan (in-
cluding such documentation as the 
permitting authority determines to be 
sufficient to demonstrate to the per-
mitting authority that the mine site is 
an inactive or abandoned mine site); 
and 
‘‘(III) each body of water of the 
United States that is affected by ac-
tual or threatened discharges from the 
inactive or abandoned mine site; 
‘‘(ii) a description of— 
‘‘(I) the baseline conditions of 
each body of water described in clause 
(i)(III) as of the date on which the el-
igible applicant submits the applica-
tion, including— 
‘‘(aa) the nature and extent 
of any adverse impact on the 
quality of each body of water 
caused by the drainage of historic 
mine residue or other discharges 
from the inactive or abandoned 
mine site; and 
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120 
‘‘(bb) as applicable, the level 
of any pollutant in each body of 
water that has resulted in an ad-
verse impact described in item 
(aa); 
‘‘(II) the conditions of the inac-
tive or abandoned mine site that cause 
adverse impacts to the quality of each 
body of water described in clause 
(i)(III); 
‘‘(III) 
the 
reasonable 
efforts 
taken by the eligible applicant to iden-
tify identifiable owners or operators of 
the inactive or abandoned mine site 
that is the subject of the application; 
‘‘(IV) each remediation goal and 
objective proposed by the eligible ap-
plicant, including— 
‘‘(aa) each pollutant to be 
addressed by the remediation 
plan; and 
‘‘(bb) each action that the 
eligible applicant proposes to 
take that, to the maximum extent 
reasonable and practicable under 
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121 
the circumstances, will assist in 
the attainment of each applicable 
water quality standard; 
‘‘(V) the practices (including a 
schedule and estimated completion 
date for the implementation of each 
practice) that are proposed by the eli-
gible applicant to meet each remedi-
ation goal and objective described in 
subclause (IV), including— 
‘‘(aa) in the case of a new 
remediation project, the prelimi-
nary system design and construc-
tion, operation, and maintenance 
plans relating to the new remedi-
ation project; and 
‘‘(bb) in the case of an exist-
ing remediation project, available 
system design and construction, 
operation, and maintenance plans 
and any planned improvements 
with respect to the existing reme-
diation project; 
‘‘(VI) any proposed recycling or 
reprocessing of historic mine residue 
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122 
to be conducted by the eligible appli-
cant (including a description of how 
each proposed recycling or reprocess-
ing activity relates to the remediation 
of an inactive or abandoned mine 
site); 
‘‘(VII) the monitoring or other 
forms of assessment that will be un-
dertaken by the eligible applicant to 
evaluate the success of the practices 
described in subclause (V) during and 
after the implementation of the reme-
diation plan, with respect to the base-
line conditions; 
‘‘(VIII) each contingency plan 
that is designed for responding to un-
planned adverse events (including the 
practices to be implemented to achieve 
each remediation goal and objective 
described in subclause (IV)); 
‘‘(IX) the legal authority of the 
eligible applicant to enter, and con-
duct activities at, the inactive or 
abandoned mine site that is the sub-
ject of the remediation plan; and 
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123 
‘‘(X) any public outreach activity 
to be conducted by the eligible appli-
cant; 
‘‘(iii) an explanation of the manner by 
which the practices described in clause 
(ii)(V) are expected to achieve each reme-
diation goal and objective described in 
clause (ii)(IV); 
‘‘(iv) a schedule for the periodic re-
porting by the eligible applicant with re-
spect to any progress in implementing the 
remediation plan; 
‘‘(v) a budget for the remediation plan 
that includes a description of each funding 
source that will support the implementa-
tion of the remediation plan, including— 
‘‘(I) each practice described in 
clause (ii)(VIII); 
‘‘(II) each action described in 
clause (ii)(IV)(bb); and 
‘‘(III) each monitoring or other 
appropriate 
activity 
described 
in 
clause (ii)(VII); and 
‘‘(vi) any other additional information 
requested by the Administrator to clarify 
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124 
the remediation plan and each proposed 
activity covered by the remediation plan. 
‘‘(C) CERTIFICATION OF PLAN.—An appli-
cation for a Good Samaritan discharge permit 
submitted by an eligible applicant to a permit-
ting authority under subparagraph (B) shall be 
signed and certified in a manner consistent with 
section 122.22 of title 40, Code of Federal Reg-
ulations. 
‘‘(D) INVESTIGATIVE MEASURES.— 
‘‘(i) IN GENERAL.—A Good Samari-
tan discharge permit may include a pro-
gram of investigative measures to be com-
pleted prior to the remediation of the inac-
tive or abandoned mine site that is the 
subject of the permit if the permitting au-
thority, upon the receipt of the application 
of an eligible applicant for a Good Samari-
tan discharge permit, determines the pro-
gram of investigative measures to be ap-
propriate. 
‘‘(ii) PROGRAM REQUIREMENTS.—Any 
water sampling included in the program of 
investigative measures described in clause 
(i) shall be conducted by an eligible appli-
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125 
cant in accordance with any applicable 
method described in part 136 of title 40, 
Code of Federal Regulations. 
‘‘(iii) REQUIREMENTS
RELATING
TO 
SAMPLES.—In conducting a program of in-
vestigative measures described in clause 
(i), an eligible applicant shall— 
‘‘(I) ensure that each sample col-
lected under the program is represent-
ative of the conditions present at the 
inactive or abandoned mine site that 
is the subject of the program; and 
‘‘(II) retain records of all sam-
pling events for a period of not less 
than 3 years. 
‘‘(iv) INITIAL PLAN.— 
‘‘(I) IN GENERAL.—If an eligible 
applicant proposes to conduct a pro-
gram of investigative measures, the el-
igible applicant shall submit to the 
permitting authority a plan that con-
tains, to the extent known by the eli-
gible applicant as of the date on which 
the eligible applicant submits the ap-
plication— 
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126 
‘‘(aa) each description re-
quired under subclauses (I), (II), 
and (IV) through (VIII) of sub-
paragraph (B)(ii); 
‘‘(bb) the explanation re-
quired 
under 
subparagraph 
(B)(iii); 
‘‘(cc) the schedule required 
under subparagraph (B)(iv); and 
‘‘(dd) the budget required 
under subparagraph (B)(v). 
‘‘(II) RESPONSIBILITY
TO
SUP-
PLEMENT DESCRIPTIONS.—An eligible 
applicant that conducts a program of 
investigative measures shall, based on 
the results of the program, supple-
ment each item described in subclause 
(I), as necessary. 
‘‘(v) REPORT OF RESULTS.—The re-
sults of the program of investigative meas-
ures shall be— 
‘‘(I) detailed in a report for the 
permitting agency; and 
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127 
‘‘(II) made available by the appli-
cant to any member of the public that 
requests the report. 
‘‘(vi) PERMIT MODIFICATION.—Based 
upon the results of the investigative meas-
ures, a Good Samaritan discharge permit 
may be modified pursuant to the permit 
procedures described in this subsection. 
‘‘(vii) OPTION TO DECLINE REMEDI-
ATION.—A Good Samaritan discharge per-
mit may allow the permittee to decline to 
undertake remediation based on the results 
of the investigative sampling program, if— 
‘‘(I) the program of investigative 
measures is authorized under this 
subparagraph; and 
‘‘(II) the activities under the pro-
gram of investigative measures have 
not resulted in surface water quality 
conditions, taken as a whole, that are 
worse than the baseline condition of 
bodies of water described in subpara-
graph (B)(ii)(I). 
‘‘(E) REVIEW OF APPLICATION.— 
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128 
‘‘(i) INITIAL
REVIEW.—The permit-
ting authority shall— 
‘‘(I) review each application sub-
mitted by an eligible applicant for a 
Good Samaritan discharge permit; 
‘‘(II) provide to the public, with 
respect to the Good Samaritan dis-
charge permit— 
‘‘(aa) notice and a reason-
able opportunity to comment; 
and 
‘‘(bb) a public hearing; 
‘‘(III) if the Administrator is the 
permitting authority, provide a copy 
of the application to each affected 
State, Indian tribe, and other Federal 
agency; and 
‘‘(IV) determine whether the ap-
plication for the Good Samaritan dis-
charge permit meets each requirement 
described in subparagraph (B). 
‘‘(ii) REQUIREMENTS
NOT
MET.—If 
the permitting authority determines that 
an application for a Good Samaritan dis-
charge permit does not meet each require-
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129 
ment described in subparagraph (B), the 
permitting authority shall— 
‘‘(I) notify the eligible applicant 
that the application is disapproved 
and explain the reasons for the dis-
approval; and 
‘‘(II) allow the eligible applicant 
to submit a revised application. 
‘‘(iii) REQUIREMENTS
MET.—If the 
permitting authority determines that an 
application for a Good Samaritan dis-
charge permit meets each requirement de-
scribed in subparagraph (B), the permit-
ting authority shall notify the eligible ap-
plicant that the application is accepted. 
‘‘(F) PERMIT ISSUANCE.—After notice and 
opportunity for public comment with respect to 
a Good Samaritan discharge permit proposed 
by a permitting authority to be issued under 
this subsection (including any additional re-
quirement that the permitting authority deter-
mines would facilitate the implementation of 
this subsection), the permitting authority may 
issue a permit to an eligible applicant if— 
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130 
‘‘(i) the permitting authority deter-
mines that— 
‘‘(I) relative to the resources 
identified by the eligible applicant for 
funding the proposed remediation ac-
tivity, the eligible applicant has made 
a reasonable effort to identify identifi-
able owners or operators under sub-
paragraph (B)(ii)(III); 
‘‘(II) no identifiable owner or op-
erator exists (except, with respect to 
Federal land, where the only identifi-
able owner or operator is the Federal 
Government); 
‘‘(III) taking into consideration 
each funding source (including the 
amount of each funding source) iden-
tified by the eligible applicant for the 
proposed remediation activity in ac-
cordance with subparagraph (B)(v), 
the remediation plan of the eligible 
applicant demonstrates that the im-
plementation of the remediation plan 
will— 
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131 
‘‘(aa) assist in the attain-
ment of applicable water quality 
standards to the extent reason-
able and practicable under the 
circumstances; and 
‘‘(bb) not result in water 
quality that is worse than the 
baseline 
water 
condition 
de-
scribed 
in 
subparagraph 
(B)(ii)(I); 
‘‘(IV) the eligible applicant has 
provided adequate evidence of finan-
cial resources that will enable the eli-
gible applicant to complete the pro-
posed project of the eligible applicant; 
and 
‘‘(V) the proposed project of the 
eligible applicant meets the require-
ments of this section; 
‘‘(ii) any Federal, State, or tribal land 
management agency with jurisdiction over 
any inactive or abandoned mine site that is 
the subject of the proposed permit, or any 
public trustee for natural resources af-
fected by historic mine residue associated 
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133 
mittee to modify the Good Samaritan dis-
charge permit of the permittee, the permit-
ting authority shall approve or disapprove 
the request for modification. 
‘‘(ii) PERMIT MODIFICATION.—A per-
mit modification that is approved by a per-
mitting authority under this subparagraph 
shall be— 
‘‘(I) by agreement between the 
permittee and the permitting author-
ity and, if the Administrator is the 
permitting authority, the affected 
State or Indian tribe; 
‘‘(II) subject to— 
‘‘(aa) a period of public no-
tice and comment; and 
‘‘(bb) a public hearing; 
‘‘(III) in compliance with each 
standard described in subparagraph 
(F)(i)(III); and 
‘‘(IV) immediately reflected in, 
and applicable to, the Good Samaritan 
discharge permit. 
‘‘(4) CONTENTS OF PERMITS.— 
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134 
‘‘(A) IN
GENERAL.—A Good Samaritan 
discharge permit shall— 
‘‘(i) contain— 
‘‘(I) a remediation plan approved 
by the permitting authority; and 
‘‘(II) any additional requirement 
that the permitting authority estab-
lishes by regulation under paragraph 
(10); and 
‘‘(ii) provide for compliance with, and 
implementation of, the remediation plan 
and any additional requirement described 
in clause (i)(II). 
‘‘(B) SCOPE.—A Good Samaritan dis-
charge permit shall authorize only those activi-
ties that are required for the remediation of 
historic mine residue at an inactive or aban-
doned mine site, as determined by the permit-
ting authority. 
‘‘(C) REVIEW.—A Good Samaritan dis-
charge permit shall contain a schedule for re-
view, to be conducted by the permitting author-
ity, to determine compliance by the permittee 
with each condition and limitation of the per-
mit. 
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135 
‘‘(5) EFFECT OF PERMIT COMPLIANCE.— 
‘‘(A) COMPLIANCE WITH ACT.— 
‘‘(i) IN GENERAL.—A Good Samari-
tan discharge permit issued under this 
subsection shall authorize the permittee, 
and any cooperating persons, to carry out 
each activity described in the Good Samar-
itan discharge permit. 
‘‘(ii) COMPLIANCE
WITH
PERMIT.— 
Compliance by the permittee, and any co-
operating persons, with respect to the 
Good Samaritan discharge permit shall 
constitute compliance with this Act. 
‘‘(B) SCOPE
OF
LIABILITY.—Except as 
provided in paragraph (6), the issuance of a 
Good Samaritan discharge permit to a per-
mittee relieves the permittee, and any cooper-
ating person, of each obligation and liability 
under this Act. 
‘‘(6) FAILURE TO COMPLY.—If a permittee, or 
any cooperating person fails to comply with any con-
dition or limitation of the permit, the permittee, or 
cooperating person, shall be subject to liability only 
under section 309. 
‘‘(7) TERMINATION OF PERMIT.— 
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136 
‘‘(A) IN GENERAL.—A permitting author-
ity shall terminate a Good Samaritan discharge 
permit if— 
‘‘(i) the permittee successfully com-
pletes the implementation of the remedi-
ation plan; or 
‘‘(ii)(I) any discharge covered by the 
Good Samaritan discharge permit becomes 
subject to a permit issued for other devel-
opment that is not part of the implementa-
tion of the remediation plan; 
‘‘(II) the permittee seeking termi-
nation of coverage, and any cooperating 
person with respect to the remediation 
plan of the permittee, is not a participant 
in the development; and 
‘‘(III) the permitting authority, upon 
request of the permittee, agrees that the 
permit should be terminated. 
‘‘(B) UNFORSEEN CIRCUMSTANCES.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the permitting author-
ity, in cooperation with the permittee, shall 
seek to modify a Good Samaritan dis-
charge permit to take into account any 
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137 
event or condition encountered by the per-
mittee if the event or condition encoun-
tered by the permittee— 
‘‘(I) significantly reduces the fea-
sibility, or significantly increases the 
cost, of completing the remediation 
project that is the subject of the Good 
Samaritan discharge permit; 
‘‘(II) was not— 
‘‘(aa) contemplated by the 
permittee; or 
‘‘(bb) taken into account in 
the remediation plan of the per-
mittee; and 
‘‘(III) is beyond the control of 
the permittee, as determined by the 
permitting authority. 
‘‘(ii) EXCEPTION.—If a permittee de-
scribed in clause (i) does not agree to a 
modification of the Good Samaritan dis-
charge permit of the permittee, or the per-
mitting authority determines that remedi-
ation activities conducted by the permittee 
pursuant to the permit have resulted or 
will result in surface water quality condi-
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138 
tions that, taken as a whole, are or will be 
worse than the baseline water conditions 
described in paragraph (3)(B)(ii)(I), the 
permitting authority shall terminate the 
permit. 
‘‘(C) NO ENFORCEMENT LIABILITY.— 
‘‘(i) DISCHARGES.—Subject to clause 
(ii), and except as provided in clause (iii), 
the permittee of a permit, or a cooperating 
person with respect to the remediation 
plan of the permittee, shall not be subject 
to enforcement under any provision of this 
Act for liability for any past, present, or 
future discharges at or from the aban-
doned or inactive mining site that is the 
subject of the permit. 
‘‘(ii) OTHER
PARTIES.—Clause (i) 
does not limit the liability of any person 
that is not described in clause (i). 
‘‘(iii) VIOLATION
OF
PERMIT
PRIOR 
TO TERMINATION.—The discharge of liabil-
ity for a permittee of a permit, or a co-
operating person with respect to the reme-
diation plan of the permittee, under clause 
(i) shall not apply with respect to any vio-
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139 
lation of the permit that occurs before the 
date on which the permit is terminated. 
‘‘(8) LIMITATIONS.— 
‘‘(A) EMERGENCY
POWERS.—Nothing in 
this subsection limits the authority of the Ad-
ministrator to exercise any emergency power 
under section 504 with respect to persons other 
than a permittee and any cooperating persons. 
‘‘(B) PRIOR VIOLATIONS.— 
‘‘(i) ACTIONS
AND
RELIEF.—Except 
as provided in clause (ii), with respect to 
a violation of this subsection or section 
301(a) committed by any person prior to 
the issuance of a Good Samaritan dis-
charge permit under this subsection, the 
issuance of the Good Samaritan discharge 
permit does not preclude any enforcement 
action under section 309. 
‘‘(ii) EXCEPTIONS.— 
‘‘(I) SCOPE
OF
PERMIT.—If a 
Good Samaritan discharge permit cov-
ers remediation activities carried out 
by the permittee on a date before the 
issuance of the Good Samaritan dis-
charge permit, clause (i) shall not 
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